EB-1A Green Card program allows individuals with extraordinary talents or achievements in the sciences, arts, education, business and sports to obtain permanent residence in the United States. This visa, which does not require a job offer or Labor Certification, offers the opportunity to live and work in the United States based on the individual’s own achievements.
What is an EB-1A Visa?
EB-1A is a Green Card category specifically designed for gifted individuals. This visa allows applicants to quickly obtain legal residency in the United States while utilizing their extraordinary talents in their field of expertise. The visa application can be supported by prestigious awards such as the Nobel Prize, an Oscar, or an Olympic Medal, as well as internationally recognized achievements in the field of expertise.
If the applicant does not have an internationally recognized achievement, they are required to meet at least three of the ten criteria outlined by USCIS, which are:
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
- Evidence of membership in associations in the field that demand outstanding achievement from their members.
- Evidence of published material about the applicant in professional or major trade publications or other major media.
- Evidence of being invited to judge the work of others, either individually or as part of a panel.
- Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
- Evidence of authorship of scholarly articles in professional or major trade publications or other major media.
- Evidence of having work displayed at artistic exhibitions or showcases.
- Evidence of performing a leading or critical role in distinguished organizations.
- Evidence of commanding a high salary or other significantly high remuneration compared to others in the field.
- Evidence of commercial successes in the performing arts.
EB-1A Visa Highlights
- Fast Processing Time: EB-1A visa is one of the priority visa categories and has a shorter processing time.
- No PERM Requirement: A job offer or Labor Certification is not mandatory and can be applied for independently.
- Rights for Family Members: The applicant’s spouse and children under 21 years of age can also be included in the Green Card application.
- Path to Citizenship: Offers the right to apply for US citizenship after becoming a Green Card holder.
EB-1A Green Card Application Process
- Proof of Applicant’s Ability Theapplicant must document his or her extraordinary abilities through international achievements, prestigious awards, or contributions in the field of specialization.
- Form I-140 Submission Theapplicant completes the I-140 Immigrant Petition form and submits it to USCIS. As no job offer is required, the application can be made independently.
- Change of Status or Consular Processing
- Those in the US can apply for adjustment of status through form I-485.
- Those outside the US apply through consular procedures.
- Biometric Appointment and Interview: Biometric data such as fingerprints, a photograph, and a signature are collected. The interview process must be completed before the application can be approved.
- Green Card Approval: When the application is approved, the Green Card is delivered to the applicant.
Who can apply for EB-1A?
Who can apply for an EB-1A Green Card:
- Science Academic studies and international recognition
- Arts Achievements in fields such as cinema, music, visual arts
- Education International projects and contributions in education
- Business Innovative projects and leadership positions
- Sport Achievements at the Olympics or world championships
Frequently Asked Questions
The EB-1A Green Card for Exceptional Talents provides permanent residence and work in the United States for internationally recognized individuals. At Marsan Akguc Law Firm, we are happy to guide you through the application process. Contact us for more information.
It takes approximately 1 to 3 years to finalize their application (in 2024).
It is an application made directly on the basis of one's own achievements, without requiring a job offer or sponsor.
The application may be rejected due to missing or insufficient documents. You can reapply with professional advice.
Yes, your spouse and children under 21 can also be included in the Green Card application.
No, it is based on the applicant's achievements and skills, income level is not a criterion.
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